alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 24, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30758

Summary Calendar

CLARION GAINES

Plaintiff-Appellant,

versus

CRESCENT GUARDIAN, INC.

Defendant-Appellee.

--------------------

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:04-CV-2341

--------------------

ORDER OF DISMISSAL FOR LACK OF

APPELLATE JURISDICTION

Before KING, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:*

Plaintiff’s notice of appeal expressly states that appeal is

taken “from the Order entered July 1, 2005 dismissing counts 2 and

3 of her complaint.” The order referenced in the notice of appeal

is not a final order or a final judgment. It dismisses only counts

2 and 3 of plaintiff’s original petition. The district court did

not certify the order appealed from as immediately appealable

pursuant to Rule 54(b) of the Federal Rules of Federal Procedure;
No. 05-30758

-2-

this Court has not granted permission in any way for an

interlocutory appeal.

Accordingly, this appeal is dismissed for lack of appellate

jurisdiction.

APPEAL DISMISSED.
**Exhibit
      32.1**




**CERTIFICATIONS
      PURSUANT TO**


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002


(18
      U.S.C. SECTION 1350)





In
      connection with the Quarterly Report of Able Energy Inc. (the "Company"), on
      Form 10-Q for the quarter ended December 31, 2006, as filed with the Securities
      and Exchange Commission (the "Report"), Gregory D. Frost, Chief Executive
      Officer of the Company and Jeffery Feld,, Acting Chief Financial Officer of
      the
      Company, do each hereby certify, pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002 (18 U.S.C. ss. 1350), that to his knowledge:





(1)
      The
      Report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.




*/s/ Gregory D.
                Frost**Gregory
                  D. Frost**Chief Executive Officer and
                Chairman**July
                  31 , 2007**/s/ Jeffery Feld**Jeffery Feld**Acting Chief Financial
                Officer**July
                  31 , 2007*


[A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Able Energy Inc. and will be retained by Able Energy Inc. and furnished to
      the
      Securities and Exchange Commission or its staff upon
      request.]
Exhibit 10.1


 


LabStyle Innovations Corp.


 


Amendment No. 2 to the 2012 Equity Incentive
Plan


 


Adopted on June 18, 2014


 


Pursuant to Section
12 of the 2012 Equity Inventive Plan, as amended (the “Plan”), of LabStyle Innovations Corp. (the “Company”),
the Board of Directors of the Company has duly adopted a resolution approving this Amendment No. 2 to the Plan to increase the
total number of shares of common stock, par value $0.0001 per share, of the Company (the “Common Stock”) reserved and
available for issuance under the Plan as follows:


 


Section 4(a) of the
Plan is hereby amended to read in its entirety as follows:


 


“(a) Share Reserve. Subject
to the provisions of Section 10 relating to adjustments upon changes in Common Stock, the Common Stock that may be issued pursuant
to Option Awards shall not exceed in the aggregate of 7,500,000 shares of Common Stock. During the terms of the Option Awards,
the Company shall keep available at all times the number of shares of Common Stock required to satisfy such Awards.”


 


All other terms and
provisions of the Plan shall remain unchanged and in full force and effect as written.


 


A majority in voting
interest of stockholders of the Company duly approved this Amendment No. 2 to the Plan at the Company’s annual meeting held
on June 17, 2014.


 


IN WITNESS WHEREOF,
this Amendment No. 2 is made effective this 18th day of June 2014.


 


 


	 	LABSTYLE INNOVATIONS CORP.
	 	 
	 	 
	 	By: 	/s/ Gadi Levin
	 	 	Name: Gadi Levin
Title: Secretary, Treasurer and Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

October 26, 2009 

d1019 

Order 

 

October 26, 2009 

139078 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 139078 

 COA: 290572 

Ingham CC: 08-000129-FC 

MICHAEL EMMETT WOLFE, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the April 7, 2009 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-29-2000
<PERIOD-START>                             JAN-31-1999
<PERIOD-END>                               JAN-29-2000
<CASH>                                           8,276
<SECURITIES>                                         0
<RECEIVABLES>                                  140,356
<ALLOWANCES>                                     2,048
<INVENTORY>                                    165,451
<CURRENT-ASSETS>                               334,333
<PP&E>                                         171,907
<DEPRECIATION>                                (96,975)
<TOTAL-ASSETS>                                 454,895
<CURRENT-LIABILITIES>                          193,534
<BONDS>                                          6,130
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       260,171
<OTHER-SE>                                    (13,994)
<TOTAL-LIABILITY-AND-EQUITY>                   454,895
<SALES>                                        637,797
<TOTAL-REVENUES>                               666,782
<CGS>                                          459,728
<TOTAL-COSTS>                                  459,728
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 3,906
<INTEREST-EXPENSE>                              11,771
<INCOME-PRETAX>                                 12,616
<INCOME-TAX>                                   (5,399)
<INCOME-CONTINUING>                             18,015
<DISCONTINUED>                                 (2,787)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    15,228
<EPS-BASIC>                                      .99
<EPS-DILUTED>                                      .99


</TABLE>
Exhibit 4 (a)




March 30, 1999




Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C.  20549

Re:    ENSERCH Corporation
          1998 Annual Report on Form 10-K


Gentlemen:

     Pursuant to the exemption afforded by Item 601(b) (4) (iii) (A) of
Regulation S-K, ENSERCH Corporation (Corporation) is not filing as exhibits to
its Annual Report on Form 10-K for 1998 instruments with respect to its
long-term debt of the Corporation and/or its subsidiaries.  These instruments
include agreements with respect to senior notes.  Each item of long-term debt
referenced above does not exceed 10% of the total assets of the Corporation
and its subsidiaries on a consolidated basis.  Reference is made to Note 4 to
Consolidated Financial Statements (included in Appendix A of the Corporation's
Annual Report on Form 10-K for 1998).

     The Corporation agrees to furnish a copy of the above instruments to the
Securities and Exchange Commission upon request.


                                               Sincerely,





                                       /s/  Jerry  W. Pinkerton
                                      ---------------------------------
                                            Jerry  W. Pinkerton
                                       Vice President and Controller

<PAGE>
**Exhibit      4.02**

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**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER63**

**OF TITLE 18 OF THE UNITED STATES CODE**

 

I,David R. Asplund, the Chief Executive Officer of Lime Energy Co., certifypursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge and belief:

 

1.              The Quarterly Report Under Section 13(a) or15(d) of the Securities Exchange Act of 1934 on Form 10-Q for theQuarterly Period ended June 30, 2010 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

2.              The information contained inthe Quarterly Report Under Section 13 or 15(d) of the SecuritiesExchange Act of 1934 on Form 10-Q for the Quarterly Period ended June 30,2010 fairly presents, in all material respects, the financial condition andresults of operations of Lime Energy Co. and its subsidiaries.

 

 
| /s/  David R. Asplund    |   |
|--------------------------|--------|
| David  R. Asplund        |   |
| Chief  Executive Officer |   |
| August 10,  2010    |   |

 

----
TBS
      INTERNATIONAL & SUBSIDIARIES     EXHIBIT
      10.7






**TBS
      INTERNATIONAL LIMITED**Commerce BuildingChancery LaneHamilton
      HM 12Bermuda




tel: 
      441-295-9230fax: 441-295-4957
info@windcrest.brnwww.tbsship.corn




June 29, 2005




Dear Mr. Lepere:




In connection with your performance of services for TBS
      International Limited, a Bermuda company (the “**Company**”), the
      Company is willing to grant to you the number of Class A Common Shares, par
      value $0.01 per share, of the Company (the “**Common Shares**”),
      listed on the signature page hereto (the “**Subject
      Shares**”).  This letter acknowledges your acceptance of the terms
      of the grant of the Subject Shares.




The Subject Shares shall be granted pursuant to the TBS
      International Limited 2005 Equity Incentive Plan (the “**Plan**”)
      and shall be subject to the terms thereof.  The Subject Shares will vest,
      and you will have unrestricted ownership rights in those shares, in 25%
      increments on each of the first through the fourth anniversaries of the date
      of
      the grant, which was June 29, 2005, assuming that you are an employee of the
      Company or an Affiliate (as defined in the Plan) on the applicable vesting
      date.  In addition, if there is a change in control of the Company or if
      the Company without cause terminates your employment, the Subject Shares will
      continue to vest on each applicable vesting date.  Absent an election by
      you, you will have ordinary taxable income equal to the fair market value of
      the
      Subject Shares as of each vesting date.  You should consult a tax advisor
      regarding the tax treatment of the grant of the Subject Shares, their vesting,
      and any tax elections that may be available to you.




The Subject Shares are not transferable by you for any
      reason
      prior to the vesting date, and any unvested Subject Shares will be forfeited
      back to the Company without payment therefor (other than a payment of US$.01
      per
      share) if you terminate employment for any reason (other than termination by
      the
      company without cause) before an applicable vesting date.  You further
      acknowledge that this agreement is irrevocable and shall be binding upon your
      heirs, legal representatives, successors and assigns.




Very
      truly
      yours,




TBS INTERNATIONAL
      LIMITED




/s/
      Joseph E.
      JoycePresident,
      Chief Executive Officer, Chairman and Director




AGREED AND ACCEPTED:




/s/
      Ferdinand V.
      Lepere Number of
      Shares:  100,000
Guam

Email this event to me @

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**Start Date/Time:**

Monday, April 1, 2024 11:00 AM

**Description:**

During the month of April Defense Logistics Agency Distribution Guam, will be transitioning to the Warehouse Management System. Customers with concerns or questions are encouraged to use the contact information foundon the DLA Distribution, Guam, location page.

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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA

)

ALEKSANDR IUZHAKOV, )

)

Plaintiff, )

)

v. ) Civil Action No. 1:16-cv-02034 (KBJ)

)

JOHN FLATCHER, et al., )

)

Defendants. )

)

MEMORANDUM OPINION

On September 13, 2018, Defendants filed a motion to dismiss, or in the alternative, 

for summary judgment (see Mot., ECF No. 9.) The Court advised the pro se plaintiff of his 

obligations under the Federal Rules of Civil Procedure and the local rules of this Court to 

respond to the motion, and specifically warned him that if he did not respond to motion by 

October 31, 2018, the Court may treat the motion as conceded. (See ECF No. 10.) To date, 

Plaintiff has neither filed an opposition to Defendants’ motion nor has he requested 

additional time to do so. Therefore, the Court will GRANT Defendants’ motion to dismiss 

as conceded and DISMISS Plaintiff’s complaint without prejudice. Defendants’ alternative 

request for summary judgment will DENIED as moot. 

A separate order accompanies this memorandum opinion.

DATE: January 31, 2019 Ketanji Brown Jackson

KETANJI BROWN JACKSON

United States District Judge
Exhibit 32.2

Section 1350 Certification,

As Adopted Pursuant To

Section 906 of The Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Magma Design Automation, Inc. (the Company) on Form 10-Q for the period ended August 2, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Peter S. Teshima, Chief Financial Officer of the Company, certify to my knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as
amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company for the periods presented therein.



|                                                             
|-------------------------------------------------------------
|                                                             
|/S/    PETER S. TESHIMA                                      
|Peter S. Teshima                                             
|Corporate Vice President, Finance and Chief Financial Officer

September 11, 2009

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon
request.
B-AAP011E (2/24) ©2024 Magellan Health, Inc.

Individuals naturally approach thinking in 

various ways. For neurodivergent individuals, 

this diversity may extend to social, physical 

and verbal behavior. Different ways of thinking 

make life more interesting.

Nearly 3% of 

children have ASD

Over 13 million 

children and adults 

have ADHD

Between 350,000 

– 450,000 children 

and adults have 

Tourette syndrome

20 million

individuals are 

impacted by dyspraxia

1 in 5 children 

have dyslexia

Nearly 20% 

of individuals have 

mental health needs

April is Autism Acceptance Month 

Celebrating all 

minds

For more information and helpful resources, contact your Employee

Assistance Program at 1-866-580-9046 (TTY 711) or go online to

MagellanAscend.com.
Exhibit 31.2
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
I, Jeffrey R. Mistarz, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Electric CityCorp. (“Registrant”); 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this report fairly present in allmaterial respects the financial condition, results of operations andcash flows of the Registrant as of, and for, the periods presented inthis report; 4. The Registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theRegistrant and have:
a. designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the Registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report isbeing prepared; b. evaluated the effectiveness of the Registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and c. disclosed in this report any change in the Registrant’sinternal control over financial reporting that occurred duringthe Registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theRegistrant’s internal control over financial reporting; and
5. The Registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the Registrant’s auditors and the Audit Committee of theRegistrant’s Board of Directors:
a. all significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theRegistrant’s ability to record, process, summarize and reportfinancial information; and b. any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theRegistrant’s internal controls over financial reporting.   /s/ Jeffrey R. Mistarz     Jeffrey R. Mistarz  Chief Financial Officer  November 15, 2004  
- 31 -
# Sheet6
# Schedule B16

&"Times New Roman,Bold"&12SPE4A6-15-R-0340		&"Times New Roman,Bold"&12Schedule B16
----

**Exhibit 32.1**

**CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Envirokare Tech, Inc. (the "Company") on Form 10-QSB for the quarterly period ended June 30, 2007, as filed with the Securities and Exchange Commission, we, Louis F. Savelli (Chief Executive Officer) and George E. Kazantzis, President (President and Principal Financial Officer) of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  

(1) the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

IN WITNESS WHEREOF, the undersigned has executed this Certificate on this 13th day of August 2007.

/s/     Louis F. Savelli  Name: Louis F. Savelli  Title: Chief Executive Officer (Chief Executive Officer)

/s/     George E. Kazantzis

Name: George E. Kazantzis  Title: President (Principal Financial Officer)
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: 

41) ll-K-(B)-29 

Docket Number: 

A-83-27 

Printed 11/12/2008 11:12:49 AM Sheet 41 of 325 
P.2 

i) c 

II-K-(B)-29 

•/—•', ^fTY ) S< 

WET SCRUBBER FGD CONTROL COST ALGORITHMS. 

Letter from E. Medine, EEA to L. Broz, Acurex. 

October 8, 1979. 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

II-K-(B)-29
From: Garrity, Jack [JGarrity@asarco.com]

Sent: Thursday, February 28, 2013 7:22 AM

To: McKaughan, Colleen

Subject: RE: New Court-Ordered Deadline for Arizona Regional Haze FIP

Thank you Colleen. As you may know, we have retained technical consultants to help us with this, and 

we will make every effort to inform your process.

Jack 

From: McKaughan, Colleen [mailto:McKaughan.Colleen@epa.gov] 

Sent: Wednesday, February 27, 2013 5:47 PM

To: Garrity, Jack

Cc: Nudd, Gregory; GLASS, GEOFFREY; Chen, Eugene; Kelly, Shaheerah; Webb, Thomas; 

ecm@azdeq.gov

Subject: New Court-Ordered Deadline for Arizona Regional Haze FIP

Dear Jack,

I’m writing to let you know that the court-ordered deadline for EPA to propose a Federal 

Implementation Plan (FIP) addressing regional haze in Arizona has been extended to September 

6, 2013. Our deadline for final action on Arizona’s State Implementation Plan (SIP) remains July 

15, 2013. The deadline for commenting on our December 20, 2012 proposed action on 

Arizona’s SIP is March 6, 2013.

If EPA finalizes disapproval of any aspect of the Arizona Regional Haze SIP, we are obligated to 

propose and later finalize a FIP to address these disapproved portions. The deadlines for these 

proposed and final actions are set in a consent decree. The parties to the consent decree 

recently agreed to extend these deadlines and the United States District Court for the District of 

Columbia issued an order granting a motion to amend the consent decree to reflect these new 

deadlines. The new deadlines of September 6, 2013 for the proposed action and February 6, 

2014 for the final action provide the agency more time for the technical work that will form the 

basis of the FIP. 

If you are planning to provide technical information that you think would be helpful to EPA in 

preparing our FIP proposal, please provide that information no later than May 10, 2013. This 

will allow us enough time to review and consider the information in preparing the proposal.

In the case of the equipment you identified as BART-eligible (anode furnaces 1 and 2 and 

converters 1, 3, 4, and 5) in Hayden, Arizona, we are particularly interested in getting your 

feedback regarding the effectiveness of existing SO2 and PM controls and the estimated costs of 

installing more effective SO2 and PM controls and increasing the effectiveness of existing 

controls. You may also propose your own five factor BART analyses for SO2 and PM for the 

BART-eligible units.

If you have any questions, please let me know. We look forward to hearing from you soon.

Colleen McKaughan